Opinion
Case No. 2:18-cv-01329-GMN-EJY
04-30-2020
THAD AUBERT, Plaintiff, v. JAMES DZURENDA, et al., Defendants.
AARON D. FORD Attorney General CHARLES D HOPPER (Bar No. 6346) Deputy Attorney General State of Nevada Office of the Attorney General 555 East Washington Ave., Ste. 3900 Las Vegas, NV 89101 (702) 486-3655 (phone) (702) 486-3773 (fax) Email: cdhopper@ag.nv.gov Attorneys for Defendants James Cox, James Dzurenda, Dwight Neven, and Brian Williams
AARON D. FORD
Attorney General
CHARLES D HOPPER (Bar No. 6346)
Deputy Attorney General
State of Nevada
Office of the Attorney General
555 East Washington Ave., Ste. 3900
Las Vegas, NV 89101
(702) 486-3655 (phone)
(702) 486-3773 (fax)
Email: cdhopper@ag.nv.gov
Attorneys for Defendants
James Cox, James Dzurenda,
Dwight Neven, and Brian Williams
DEFENDANTS' MOTION FOR AN EXTENSION OF TIME TO FILE A JOINT INTERIM STATUS REPORT (FIRST REQUEST)
Defendants, Director James Dzurenda (Director Dzurenda), Warden Brian Williams (Warden Williams), Warden Dwight Neven (Warden Neven) and James Cox (Cox), by and through Aaron D. Ford, Attorney General for the State of Nevada, and Charles D Hopper, Deputy Attorney General, request this Court grant a fourteen (14) day extension of time to file a joint interim status report.
This Court should grant Defendants' motion for an extension of time to file a Joint Interim Status Report. To date, Defendants have not received any information from Plaintiff regarding the estimated trial length or trial availability. Undersigned counsel is in the process of arranging a telephonic meeting as soon as possible to discuss this information. Accordingly, Defendants request a short extension to file the Joint Interim Status Report.
I. BACKGROUND
On December 19, 2019, this Court entered a discovery plan and scheduling deadlines. (ECF No. 62). The Court ordered the parties to submit an Interim Status Report on or before April 21, 2020. (Id.). To date, Plaintiff has not contacted undersigned counsel to provide the necessary information or discuss the possibility of using the Short Trial Program. See Declaration of Counsel, attached as Exhibit A. Accordingly, the undersigned counsel is in the process of arranging a telephonic conference to discuss these issues as soon as possible. Id. However, the conference cannot be completed before the April 21, 2020, deadline.
II. APPLICABLE LAW
Pursuant to Federal Rule of Civil Procedure 6(b)(1)(A), this Court may extend the time to perform an act within a specific time for good cause shown.
III. LEGAL ARGUMENT
This Court should grant Defendants' motion to extend the deadline to file a Joint Interim Status Report. To date, Plaintiff has not contacted undersigned counsel to prepare a Joint Interim Status Report. Accordingly, undersigned counsel is in the process of arranging a telephonic meeting as soon as possible to discuss the Joint Interim Status Report. Good cause exists to extend the deadline based on the parties' inability to meet concerning this filing. Defendants therefore request this Court grant the parties until May 5, 2020 to file a Joint Interim Status Report. / / / / / / / / / / / / / / / / / / / / / / / /
IV. CONCLUSION
This Court should grant an extension of deadline to file a Joint Interim Status Report. Counsel is diligently working to complete the Joint Interim Status Report, but has been unable to do so.
DATED this 20th day of April, 2020.
AARON D. FORD
Attorney General
By: /s/ Charles D Hopper
CHARLES D HOPPER (Bar. No. 6346)
Deputy Attorney General
Attorneys for Defendants
James Cox, James Dzurenda,
Dwight Neven, and Brian Williams
IT IS SO ORDERED.
/s/_________
UNITED STATES MAGISTRATE JUDGE
Dated: April 30, 2020